Protection Of Children from Sexual Offences Act (POCSO Act)

Context:

• The Law Commission report on the age of consent under the POCSO Act was submitted to the Law Ministry. The Justice J.S. Verma Committee had suggested lowering the age of consent under the POCSO Act to 16 years.

What is the POCSO Act?

• Nodal Ministry: Ministry of Women and Child Development 
• Objective: Protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences. 
• Amendment: POCSO Act was amended in 2019, to make provisions for enhancement of punishments to deter the perpetrators and ensure safety, security and dignified childhood for a child.
• Definition of Child: POCSO Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child. 

Law Commission Recommendations on Age of Consent:

• Age of Consent: Government should retain the existing age of consent i.e. 18 years.The panel said that reducing the age of consent would have a direct and negative bearing on the fight against child marriage and child trafficking.
• Guided Judicial Discretion: In the matter of sentencing in cases involving tacit approval of children in the 16-18 age bracket.
  • The panel also advised courts to be cautious as criminal intention may be missing in certain cases as adolescent love cannot be controlled.
• Reporting Crime in Real Time: Rolling out registration of e-FIRs in a phased manner and setting up a centralised national portal to facilitate registration of e-FIRs.

News Source: The Indian Express

DOWNLOAD PDF